Contratos não solenes: como as práticas contratuais informais contribuem para um cenário de insegurança jurídica

Abstract

This scientific article aims to address the idea of contracts as fundamental instruments of Law, due to the fact that they allow the confirmation of what is left agreed between the parties. The problem of this work is based on the absence of use of formal contracts by the society, as well as the possible legal consequences caused by such absence, resulting in losses to the guarantee and security of the agreement signed. It will also be presented what formal contracts are, their effectiveness, how they can be used, and also demonstrate why such contracts are a contractual type that produces legal secutiry between contractors. As for the methodology, the hypothetical-deductive method is used, in which the existence of a problem is taken as a starting point, already thinking about the hypotheses that may supply it. Finally, it was found that formal contracts are the only contractual type with sufficient effectiveness to bring legal security and, mainly, the best way to carry out the execution of the obligations agreed by the contractors.